Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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HC determined that the petitioner-bank's security interest, registered with CERSAI on 09/07/2011 prior to the tax authority's attachment order on 02/02/2015, takes precedence under Section 26-E of SARFAESI Act. The tax authorities failed to register their attachment order or provide sufficient notice, rendering their claim invalid. Consequently, the bank's e-auction sale to the respondent was upheld, granting clear title to the secured asset free from any encumbrances claimed by the tax authorities. The petition was allowed, establishing the bank's priority over the state's dues.
HC determined that the petitioner-bank's security interest, registered with CERSAI on 09/07/2011 prior to the tax authority's attachment order on 02/02/2015, takes precedence under Section 26-E of SARFAESI Act. The tax authorities failed to register their attachment order or provide sufficient notice, rendering their claim invalid. Consequently, the bank's e-auction sale to the respondent was upheld, granting clear title to the secured asset free from any encumbrances claimed by the tax authorities. The petition was allowed, establishing the bank's priority over the state's dues.
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